Samenvatting

The intricate practice of legal punishment is morally problematic and requires a consistent moral justification. This study considers the link between supposed justifications and goals and the actual practice of legal punishment. Is ther a commonly shared vision among judges and justices in criminal courts concerning the functions and goals of punishment? Given identical criminal cases is there any noticeble variation between judges in the preferred goals of punishment and scentencing decisions? Is there a clear relationship between preferred goals and the type and severity of sentence imposed? Starting with a thorough discussion of competing penal philosophies, the author proceeds to report the results of two extensive studies with judges in Dutch criminal courts. While most people take the penal system at face value, responses to the questions posed in these studies urge the reader to ponder on the legitimacy and working of penal sanctions. This compelling and critical book deals with some of the most fundamental moral issues underlying the practice of punishment, relevant to all criminal justice systems. This work should therefore appeal to criminal justice officials, students of sentencing behaviour and anyone interested in moral

Rubriek / NUR

Straf- & strafprocesrecht

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